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WILLIAM SMALLWOOD, Esq; Governor.
II. Be it enacted,
by
the general assembly of Maryland, That any citizen of
this state, having any claim against the state for money, may commence
and
prosecute his action at law for the same against this state as defendant,
by issuing
a summons directed to the attorney-general, and sending with such summons
a
shore note expressing the cause of action, and such person may declare,
that the
state is indebted unto him in any sum he thinks proper, and the attorney-general
shall plead thereto, and the issue shall be made up, and the jury shall
try such
issue or issues, and if they find for the plaintiff, they may assess
such damages as
they may think just, and the same shall be paid by the state, and with
costs, if
the jury find more due to the plaintiff than admitted by the auditor,
but if the
jury find for the state, the plaintiff shall pay costs of suit, and
be liable to execution
therefor; and the attorney-general shall exhibit the claim of the state,
if any,
and if the jury shall find that the plaintiff is indebted to the state,
they may find
accordingly, and judgment may thereupon be entered and given against
him for
such sum and costs of suit, and such plaintiff may appeal in the same
manner as
private persons can by law appeal in suits between them, on giving
bond with
security, and the attorney-general may also appeal if he thinks proper. |
1786.
CHAP.
LIII.
Actions may
be commenced
against
the state, &c. |
III. And be
it enacted, That where any person shall file a bill in chancery
against the state, that process shall and may be served on the attorney-general,
which service shall be effectual to all intents and purposes, according
to the notice
of the process issued; provided, that where any injunction is prayed
to stay
proceedings at law for the payment of any debt claimed by the state,
the chancellor
shall not order such injunction on the affidavit of the complainant
only,
but shall be fully satisfied by other proof, that the material facts
in the complainant's
bill are true. |
Process to be
served on attorney-general,
&c. |
CHAP. LIV.
An ACT respecting certain certificates and plots. |
Passed January
20. |
WHEREAS by an act passed at November session, seventeen
hundred
and eighty-five, entitled, An act ascertaining the mode of granting
titles to the purchasers of certain confiscated property, it is enacted,
that any certificates and plots of survey, which shall or may be returned
to the
register of the land office for the western shore, on or before the
first day of January,
in the year seventeen hundred and eighty-seven, by any person who has
been appointed by the intendant to survey any of the aforesaid lands,
shall be received
by the examiner-general, and be of the same validity as if they had
been
executed and returned by the surveyor of the county: And whereas
several of the
certificates and plots have not been returned agreeably to the above
recited act,
owing to the inclemency of the weather in the months of November and
December
last past, and for other reasons; |
Preamble. |
II. And Be it
enacted, by the general assembly of Maryland, That any certificates
and plots of survey, which shall or may be returned to the register of
the land-office
for the western shore, on or before the fifteenth day of April next, shall
be received by the examiner-general, and be of the same validity as if
they had
been executed and returned agreeable to the time mentioned in the act above
in
part recited. |
Certificates
returned shall
be received,
&c. |
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RESOLUTIONS assented to November session, 1786.
RESOLVED, That no allowance be made to any collector
for certificates
suggested to be received before the sixth day of December, seventeen
hundred
and eighty-six, for the taxes imposed at November session, seventeen
hundred and eighty-three, and November session, seventeen hundred and
eighty-four, and which became payable in seventeen hundred and eighty-four,
and seventeen hundred and eighty-five, before the collector shall make
oath, to
be administered by either of the treasurers, that the certificates offered
to be paid
was, before the sixth day of December aforesaid, bonâ fide received
from, or discounted
with, the persons liable to pay the said taxes in the respective years
in |
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